58AKSoliciting information from jurors

58AK Soliciting information from jurors

(1) A person commits an offence if: (a) the person (the first person) solicits another person (the second person) for information; and (b) the second person is a juror or former juror; and (c) one of the following subparagraphs applies: (i) the information identifies a person as a juror or former juror; (ii) the first person could reasonably be expected to identify a person as a juror or former juror either on the basis of the information or on the basis of the information in conjunction with other information available to the first person; (iii) the information relates to the deliberations of the jury.

Penalty: 60 penalty units.

(2) A person commits an offence if: (a) the person (the first person) solicits another person (the second person) for information; and (b) the second person is a juror or former juror; and (c) one of the following subparagraphs applies: (i) the information identifies a person as a juror or former juror; (ii) the first person could reasonably be expected to identify a person as a juror or former juror either on the basis of the information or on the basis of the information in conjunction with other information available to the first person; (iii) the information relates to the deliberations of the jury; and (d) the first person: (i) provides a benefit to another person; or (ii) causes a benefit to be provided to another person; or (iii) offers to provide, or promises to provide, a benefit to another person; or (iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; in relation to the soliciting of the information.

Penalty: Imprisonment for 6 months.

(3) Subsections (1) and (2) do not apply if: (a) a Judge or officer of the Court solicits the information because of a suspicion that a juror or former juror is or was biased in relation to the performance of that juror’s, or former juror’s, duties as a juror; or (b) an investigating official solicits the information because of a suspicion that a juror or former juror committed: (i) fraud; or (ii) another offence against a law of the Commonwealth or a State or Territory; in relation to the performance of that juror’s, or former juror’s, duties as a juror; or (c) the information was solicited in accordance with the performance of a function under this Act; or (d) the information was solicited in accordance with an authority granted by the Attorney‑General for the conduct of a research project into matters relating to juries or jurors; or (e) a health professional solicited the information from the former juror when treating the former juror in relation to issues arising out of the former juror’s service on the jury.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3)—see subsection 13.3(3) of the Criminal Code.